According to reports out of Louisiana, a local Atlanta man was killed as the result of a police chase accident.
Authorities stated that Jarvis Jones crashed his car after allegedly losing control of his vehicle and running off of Louisiana Highway 496. The car overturned. Jones was not wearing a seatbelt and was ejected from the vehicle. He was pronounced dead at the scene of the accident. This was the end of a police chase on the highway. An officer attempted to pull him over after witnessing him apparently run a stop sign.
As of right now, the crash is still under investigation, and it is unclear whether alcohol was a factor. However, it is believed that the police chase led to the accident. As a Georgia DUI Lawyer, I will outline the law behind the offense of fleeing or attempting to elude the police in the state of Georgia.
Fleeing or Attempting to Elude Police in Georgia
Fleeing or attempting to elude police in Georgia is defined by the Georgia Code in O.C.G.A. §40-6-395 as:
It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his or her badge of office, and his or her vehicle shall be appropriately marked showing it to be an official police vehicle.
The statute above is only one part of the law considering fleeing the police however. If a person is convicted for violating this portion of the law - even for a first time offense, then he or she will be guilty of a misdemeanor of a high and aggravated nature. A conviction means a penalty that can include up to $5,000 in fines as well as 12 months of jail time.
The statute then goes on to define situations in which fleeing or attempting to elude is classified as a felony offense. The law is as follows:
Any person violating the provisions of subsection (a) of this Code section who, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for any offense, other than a violation of this chapter not expressly provided for in this paragraph:
(i) Operates his or her vehicle in excess of 20 miles an hour above the posted speed limit;
(ii) Strikes or collides with another vehicle or a pedestrian;
(iii) Flees in traffic conditions which place the general public at risk of receiving serious injuries;
(iv) Commits a violation of paragraph (5) of subsection (a) of Code Section 40-6-391; or
(v) Leaves the state
If a person is convicted for violating this portion of the law, the he or she will be guilty of a felony punishable by a fine of $5,000.00 or imprisonment for not less than one year nor more than five years or both.
If you or a loved one has been arrested for a serious traffic offense such as DUI in Georgia, contact our offices now.